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Bloemfontein - The Free State High Court in Bloemfontein has ordered that the provincial ANC's elective conference cannot go ahead until branch general meetings, which were declared unlawful, are rerun.

The court ruled that several branches across four regions of the province were "irregular, unlawful, unconstitutional and in breach of ANC constitution".

However, the judgment was not unanimous. In the majority judgment, two judges said the elective conference scheduled for this weekend in Parys should be postponed.

"The provincial conference of ANC Free State scheduled for 1 to 3 December 2017 will be a nullity and cannot be held until the fore said meetings have been held in a lawful manner and in accordance with the constitution of the ANC," the judgment reads.

Disgruntled ANC members had taken the province to court, claiming that branch general meetings ahead of the fiercely contested elective conference were flawed.

Longstanding Free State chairperson Ace Magashule is expected to be challenged for the position by his deputy Thabo Manyoni.

The ANC in the Free State said, while it was still consulting on the court judgment, it will respect the judgment.

He admitted though that the they could not hold the branch meetings before Friday.

"The judgment has direct and immediate implications on our road map on provincial conference that was to be held on Friday as part and parcel of preparing for national conference….reading it without guidance the court judgment says certain branches must be reconvened so we must appreciate the timelines and all those implications and then determine marching orders," he said.

He again said the ANC should revisit its policy on members taking the party to court. He said most were not exhausting internal processes. He also questioned who was funding the legal challenges as some of the ANC members were unemployed.

"We are accepting court judgment but taking party to court has broader implications. The ANC must take a decisive decision and say these courts are being abused and are destroying the ANC and we must take extra ordinary decisions against them," he said.

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